ny-EDU-39-26-00028-P: Nurse practitioners (NPs), athletic trainers, and extra class athletic activities

I.D. No. EDU-39-26-00028-P PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- cedureAct, NOTICE is hereby given of the following proposed rule: Proposed Action: Amendment of sections 136.5 and 136.9 of Title 8 NYCRR. Statutory authority: Education Law, sections 101, 207, 305, 923 and 8351; L. 2026, ch. 159; L. 2023, ch. 733 Subject: Nurse practitioners (NPs), athletic trainers, and extra class athletic activities. Purpose: To authorize NPs to evaluate students for concussion or sudden cardiac arrest and to clarify athletic trainers are licensed. Text of proposed rule: Section 136.5 of the Regulations of the Commis- sioner of Education is amended to read as follows: Section 136.5 Concussion management and awareness (a)… (b) Course of instruction. (1) Each school coach, physical education teacher, nurse and [certi- fied] licensed athletic trainer, who works with and/or provides instruction to pupils engaged in school sponsored athletic activities, shall complete, on a biennial basis, a course of instruction relating to recognizing the symptoms of mild traumatic brain injuries and monitoring and seeking proper medical treatment for pupils who suffer mild traumatic brain injuries. (2)… (3)… (c)… (d) Removal from athletic activities. (1)… (2)… [(2)](3) No such pupil shall resume athletic activity until the pupil has been symptom free for not less than 24 hours, and has been evaluated by and received written and signed authorization from a licensed physi- cian or certified nurse practitioner; and for extra class athletic activities in public schools, has received clearance from the director of school health services to participate in such activity. (i) Such authorization shall be kept on file in the pupil’s permanent health record. (ii) The school shall follow any directives issued by the pupil’s treating physician or nurse practitioner with regard to limitations and restrictions on school attendance and activities for the pupil. (e) Concussion management team. (1)… (2) The concussion management team may be composed of: (i) the athletic director; (ii) a school nurse; (iii) a district’s director of school health services; (iv) a coach of an interscholastic team; (v) a [certified] licensed athletic trainer; or (vi) such other appropriate personnel as designated by the school or school district. (3)… 2. Section 136.9 of the Regulations of the Commissioner of Education is amended to read as follows: 14 NYS Register/September 30, 2026 Section 136.9 Sudden CardiacArrest (a)Applicability. (1) The provisions of this section relate to students who display signs or symptoms of pending or increased risk of sudden cardiac arrest while engaging in extra class athletic activities. (2)… (b) Definitions.As used in this section: (1) [Athletic] Extra class athletic activities mean [participation in] those sessions organized for instruction, [and] practice, and/or competi- tion in skills, attitudes, and knowledge through participation in individual, group, and t